IMPLEMENTING AUTHORITIESCentral
Section 20 of The prohibition of employment as manual scavengers and their rehabilitation act, 2013
Appointment of inspectors and their powers.
- (1)The appropriate Government may, by notification, appoint such persons as itthinks fit to be inspectors for the purposes of this Act, and define the local limits withinwhich they shall exercise their powers under this Act.
- (2)Subject to any rules made in this behalf, an inspector may, within the local limits ofhis jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary,any premises or place for the purpose of,—
- (a)examining and testing any latrine, open drain or pit or for conducting aninspection of any premises or place, where he has reason to believe that an offenceunder this Act has been or is being or is about to be committed, and to preventemployment of any person as manual scavenger;
- (b)examine any person whom he finds in such premises or place and who, he hasreasonable cause to believe, is employed as a manual scavenger therein, or is otherwisein a position to furnish information about compliance or non-compliance with theprovisions of this Act and the rules made thereunder;
- (c)require any person whom he finds on such premises, to give informationwhich is in his power to give, with respect to the names and addresses of personsemployed on such premises as manual scavenger and of the persons or agency orcontractor employing or engaging them;
- (d)seize or take copies of such registers, record of wages or notices or portionsthereof as he may consider relevant in respect of an offence under this Act which hehas reason to believe has been committed by the principal employer or agency; and
- (e)exercise such other powers as may be prescribed.
- (3)Any person required to produce any document or thing or to give any informationrequired by an inspector under sub-section (2) shall be deemed to be legally bound to do sowithin the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).
- (4)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,apply to any such search or seizure under sub-section (2) as they apply to such search orseizure made under the authority of a warrant issued under section 94 of the said Code.
Summary
- The government can appoint specific people as Inspectors and decide which geographic areas they cover.
- Inspectors have the power to enter any building or place at reasonable times to check for illegal latrines or manual scavenging.
- They can question anyone on the premises who they think is a manual scavenger or who might have information about the law being followed.
- Inspectors are allowed to demand names and addresses of workers and their employers from anyone they find at a site.
- They can take copies of or seize documents like wage records and registers if they believe a crime has been committed.
- Any person asked for information by an Inspector is legally required to provide it.
Practical examples
1Inspector Arjun enters a hotel at 10:00 AM on a Tuesday to inspect the septic tank area. He finds a worker without safety gear and uses his power to copy the hotel's employment register as evidence of a section 7 violation.
2During a routine check, Inspector Priya asks a factory manager for the contact details of the contractor cleaning their drains. Even though the manager is hesitant, he must provide the information because he is legally bound under section 20 to do so.
FAQ
1. Can an Inspector enter my house at 2:00 AM?
No, an Inspector may only enter premises at reasonable times.
2. Do I have to give the Inspector my worker's payroll records?
Yes, Inspectors have the power to seize or take copies of wage registers and records if they suspect an offence.